News & Analysis as of

Merger Controls Biden Administration Competition

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Merger Trials: Winning Strategies

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

DLA Piper

FTC signals continuation of rigorous approach to merger enforcement

DLA Piper on

Recently appointed Federal Trade Commission (FTC) Chairman Andrew Ferguson affirmed last week in a memorandum to FTC staff that the 2023 Merger Guidelines will remain in effect for the foreseeable future. This decision aligns...more

WilmerHale

Here to Stay? FTC and DOJ Announce that 2023 Merger Guidelines Remain in Effect

WilmerHale on

Since their release, the federal antitrust agencies’ 2023 Merger Guidelines (2023 Guidelines) have faced significant criticism from many. There was speculation that the Federal Trade Commission (FTC) and Department of Justice...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Antitrust & Competition

The heightened focus on antitrust and competition issues that has defined dealmaking globally over the past few years looks set for readjustment since President Trump re-entered the White House. Under the Biden...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

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The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

A&O Shearman

How will the Trump administration impact M&A?

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M&A practitioners anticipate a ‘Trump bump’ - The scale of Donald Trump’s victory in the presidential election – and the fact the Republicans now have full control of Congress – has been greeted with optimism by U.S....more

Seyfarth Shaw LLP

Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back

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Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

Hicks Johnson

What Companies Should Know About the Biden Administration’s Antitrust Enforcement Campaign

Hicks Johnson on

On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72...more

White & Case LLP

2022 Year in Review: White & Case Global Antitrust Merger StatPak (WAMS)

White & Case LLP on

Australia, Brazil, Saudi Arabia, and Turkey See Significant Surge in Merger Filing Activity; US and EU Merger Filing Activity is Down Compared to 2021's Record Levels, But Still Above Historical Levels - White & Case...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

BakerHostetler

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

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​​​​​​​On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his...more

Epstein Becker & Green

On First Anniversary of Executive Order on Competition, DOJ Celebrates Interagency Efforts to Promote Competitive Markets

Epstein Becker & Green on

The U.S. Department of Justice (DOJ) recently recognized the first anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (EO) and “celebrated the Antitrust Division’s most...more

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Focus on Consolidation May Present Opportunities for Private Equity Buyers

Key Points Antitrust regulators in key jurisdictions are taking a more aggressive approach to merger reviews, resulting in delays and making the ultimate closing of some transactions uncertain. U.S. regulators have expressed...more

The Volkov Law Group

The New “Era” of Antitrust Enforcement (Part I of III)

The Volkov Law Group on

There is no question but we are in the “perfect storm” for antitrust enforcement.  Antitrust enforcement is fast-becoming an area of rare “bipartisanship.”  Republicans resent the growing power and influence of technology and...more

Hogan Lovells

FTC Votes to Rescind 2020 Vertical Merger Guidelines

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On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more

Proskauer - Health Care Law Brief

Pass Go and Collect Regulatory Scrutiny: The Biden Administration Takes Aim at Consolidation & Anti-Competitive Business Practices...

Given the current political dynamic within Congress, the chances of the Biden Administration enacting significant, substantive health care legislation appear slim in the short-term. Thus, the Biden Administration has sought...more

Cadwalader, Wickersham & Taft LLP

The President’s Competition Order – One Week On

On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “Order”).  The Order responds to what the President characterizes as a “failed experiment” in lax antitrust...more

BCLP

BCLP’s Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world

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Welcome to this first edition of BCLP’S Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world. This period was marked by uncertainty – and the harsh realities of the pandemic for many...more

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